BNP Paribas Jersey Trust Corporation Limited v de Bourbon des Deux Siciles 22-Dec-2020 [2020] JRC 267 (22 December 2020)

BNP Paribas Jersey Trust Corporation Limited v de Bourbon des Deux Siciles 22-Dec-2020 [2020] JRC 267 (22 December 2020)

Camilla has not purged her contempt of the December 2018 Disclosure Order. The Court is satisfied that she has not provided the information and documents the Court believes she possesses regarding the location and movement of the artworks and the proceeds of the Grand Trust portfolio. Her seventh affidavit does not constitute substantial compliance, and her explanations are unconvincing and contradicted by the evidence and prior findings. The contempt remains serious and ongoing.

Citation
[2020] JRC 267
Parties
Representor: BNP Paribas Jersey Trust Corporation Limited; Respondent: Camilla de Bourbon des Deux Siciles
Jurisdiction
Jersey
Judgment Date
22 December 2020
Procedural Posture
Contempt/sanctions Hearing (trust Law) / Sanctions Hearing Following Finding of Contempt
Outcome
Contempt not purged; further sanctions to be considered.
Legal Topics
Breach of Trust, Disclosure Orders, Sanctions for Contempt, Trustee Indemnity, Asset Tracing, Freezing Orders
Trusts and Estates Civil Procedure Contempt of Court Breach of Trust Disclosure Orders Sanctions for Contempt Trustee Indemnity Asset Tracing +1 more

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Parties

BNP Paribas Jersey Trust Corporation Limited

Representor

Camilla de Bourbon des Deux Siciles

Respondent

Procedural Posture

Contempt/sanctions Hearing (trust Law) / Sanctions Hearing Following Finding of Contempt

Legal Issues

  1. 1 Whether the respondent (Camilla) has purged her contempt of court by complying with the December 2018 Disclosure Order
  2. 2 Whether further sanctions should be imposed for continued non-compliance with disclosure orders

Ratio Decidendi

Camilla has not purged her contempt of the December 2018 Disclosure Order. The Court is satisfied that she has not provided the information and documents the Court believes she possesses regarding the location and movement of the artworks and the proceeds of the Grand Trust portfolio. Her seventh affidavit does not constitute substantial compliance, and her explanations are unconvincing and contradicted by the evidence and prior findings. The contempt remains serious and ongoing.

Court Disposition

Contempt not purged; further sanctions to be considered.

Orders

  • Camilla remains in contempt of court for non-compliance with the December 2018 Disclosure Order.
  • Sanctions hearing adjourned for further consideration of appropriate coercive or punitive measures, including the possibility of a substantial fine or imprisonment if compliance is not achieved.